Plaintiffs' unopposed motion for final approval of class action settlement is granted in part. The Court finds that the settlement is fair, reasonable and adequate but attorney fees are not reasonable in amount.

Plaintiff seeks attorney's fees based on the common fund doctrine. "[W]hen an attorney fee is awarded out of a common fund preserved or recovered by means of litigation, the award is not per se unreasonable merely because it is calculated as a percentage of the common fund." Laffitte v. Robert Half International Inc. (2016) 1 Cal. 5th 480, 486. Here, Plaintiff seeks 1/3 of the common fund. According to the Ninth Circuit, 25 percent is the "benchmark award that should be given in common fund cases". Lealao v. Beneficial California, Inc. (2000) 82 Cal. App. 4th 19, 24, fn 13. However, see also Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 66, fn 11: "Empirical studies show that, regardless whether the percentage method or the lodestar method is used, fee awards in class act